41200 Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / UA: Reg Flex Agenda 

DEPARTMENT OF DEFENSE 

32 CFR Chs. I, V, VI, and VII 

33 CFR Ch. II 

36 CFR Ch. III 

48 CFR Ch. II 

Improving Government Regulations; 

Unified Agenda of Federal Regulatory 

and Deregulatory Actions 

AGENCY: Department of Defense (DoD). 

ACTION: Semiannual regulatory agenda. 

SUMMARY: This agenda announces the 

regulatory actions the Department of 

Defense (DoD) plans to take in the next 

12 months and those regulatory actions 

completed since the publication of the 

fall 2020 Unified Agenda. It was 

developed under the guidelines of 

Executive Order 12866, ‘‘Regulatory 

Planning and Review,’’ and Executive 

Order 13563, ‘‘Improving Regulation 

and Regulatory Review.’’ This Agenda 

includes regulatory actions that support 

the Secretary of Defense’s priorities to 

defend the nation, innovate and 

modernize DoD, build resilience and 

readiness, enhance appropriately 

accountable leadership, and address the 

current worldwide pandemic. These 

include efforts to ensure TRICARE 

beneficiaries have access to the most upto-date care required for the diagnosis 

and treatment of COVID–19. Members of 

the public may submit comments on 

individual proposed and interim final 

rulemakings at www.regulations.gov 

during the comment period that follows 

publication in the Federal Register. 

This agenda updates the report 

published on December 9, 2020, and 

includes regulations expected to be 

issued and under review over the next 

12 months. The next agenda will 

publish in the fall of 2021. 

The complete Unified Agenda will be 

available online at www.reginfo.gov. 

Because publication in the Federal 

Register is mandated for the regulatory 

flexibility agendas required by the 

Regulatory Flexibility Act (5 U.S.C. 

602), the Department of Defense’s 

printed agenda entries include only: 

(1) Rules that are in the Agency’s 

regulatory flexibility agenda, in 

accordance with the Regulatory 

Flexibility Act, because they are likely 

to have a significant economic impact 

on a substantial number of small 

entities; and 

(2) Any rules that the Agency has 

identified for periodic review under 

section 610 of the Regulatory Flexibility 

Act. 

Printing of these entries is limited to 

fields that contain information required 

by the Regulatory Flexibility Act’s 

agenda requirements. Additional 

information on these entries is in the 

Unified Agenda available online. 

FOR FURTHER INFORMATION CONTACT: For 

information concerning the overall DoD 

regulatory program and for general 

semiannual agenda information, contact 

Ms. Patricia Toppings, telephone 571– 

372–0485, or write to Office of the 

Director of Administration and 

Management, Directorate for Oversight 

and Compliance, Regulatory and 

Advisory Committee Division, 1950 

Defense Pentagon, Washington, DC 

20301–1950, or email: 

patricia.l.toppings.civ@mail.mil. 

For questions of a legal nature 

concerning the agenda and its statutory 

requirements or obligations, write to 

Office of the General Counsel, 1600 

Defense Pentagon, Washington, DC 

20301–1600, telephone 703–693–9958, 

or email: gerald.j.dziecichowicz.civ@

mail.mil. 

For general information on Office of 

the Secretary regulations, other than 

those which are procurement-related, 

contact Ms. Patricia Toppings, 

telephone 571–372–0485, or write to 

Office of the Director of Administration 

and Management, Directorate of 

Oversight and Compliance, Regulatory 

and Advisory Committee Division, 1950 

Defense Pentagon, Washington, DC 

20301–1950, or email: 

patricia.l.toppings.civ@mail.mil. 

For general information on Office of 

the Secretary regulations which are 

procurement-related, contact Ms. 

Jennifer Johnson, telephone 571–372– 

6100, or write to Office of the Under 

Secretary of Defense for Acquisition and 

Sustainment, Defense Pricing and 

Contracting, Defense Acquisition 

Regulations System, Room 3B941, 3060 

Defense Pentagon, Washington, DC 

20301–3060, or email: 

jennifer.d.johnson1.civ@mail.mil. 

For general information on 

Department of the Army regulations, 

contact Mr. James ‘‘Jay’’ Satterwhite, 

telephone 571–515–0304, or write to the 

U.S. Army Records Management and 

Declassification Agency, ATTN: AAHS– 

RDO, Building 1458, 9301 Chapek Road, 

Ft. Belvoir, VA 22060–5605, or email: 

james.w.satterwhite.civ@mail.mil. 

For general information on the U.S. 

Army Corps of Engineers regulations, 

contact Ms. Stacey Jensen, telephone 

703–695–6791, or write to Office of the 

Assistant Secretary of the Army (Civil 

Works), 108 Army Pentagon, Room 

3E441, Washington, DC 20310–0108, or 

email: stacey.m.jensen.civ@mail.mil. 

For general information on 

Department of the Navy regulations, 

contact CDR Katherine Callan, 

telephone 703–614–7408, or write to 

Department of the Navy, Office of the 

Judge Advocate General, Administrative 

Law Division (Code 13), Washington 

Navy Yard, 1322 Patterson Avenue SE, 

Suite 3000, Washington, DC 20374– 

5066, or email: Katherine.callan@

navy.mil. 

For general information on 

Department of the Air Force regulations, 

contact Bao-Anh Trinh, telephone 703– 

614–8500, or write the Office of the 

Secretary of the Air Force, Chief, 

Information Dominance/Chief 

Information Officer (SAF CIO/A6), 1800 

Air Force Pentagon, Washington, DC 

20330–1800, or email: 

usaf.pentagon.saf-cio-a6.mbx.af-foia@

mail.mil. 

For specific agenda items, contact the 

appropriate individual indicated for 

each regulatory action. 

SUPPLEMENTARY INFORMATION: This 

edition of the Unified Agenda of Federal 

Regulatory and Deregulatory Actions 

reports on actions planned by the Office 

of the Secretary of Defense (OSD), the 

Military Departments, procurementrelated actions, and actions planned by 

the U.S. Army Corps of Engineers. 

This agenda also identifies rules 

impacted by the: 

a. Regulatory Flexibility Act. 

b. Paperwork Reduction Act of 1995. 

c. Unfunded Mandates Reform Act of 

1995. 

Generally, rules discussed in this 

agenda will contain five sections: (1) 

Prerule stage; (2) proposed rule stage; (3) 

final rule stage; (4) completed actions; 

and (5) long-term actions. Where certain 

regulatory actions indicate that small 

entities are affected, the effect on these 

entities may not necessarily have 

significant economic impact on a 

substantial number of these entities as 

defined in the Regulatory Flexibility Act 

(5 U.S.C. 601(6)). 

The publishing of this agenda does 

not waive the applicability of the 

military affairs exemption in section 553 

of title 5 U.S.C. and section 3 of 

Executive Order 12866. 

Dated: March 17, 2021. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 


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Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / UA: Reg Flex Agenda 41201 

DEFENSE ACQUISITION REGULATIONS COUNCIL—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

1 ........................ Small Business Innovation Research Program Data Rights (DFARS Case 2019–D043) .............................. 0750–AK84 

2 ........................ Reauthorization and Improvement of Mentor-Protege Program (DFARS Case 2020–D009) ........................ 0750–AK96 

DEFENSE ACQUISITION REGULATIONS COUNCIL—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

3 ........................ Assessing Contractor Implementation of Cybersecurity Requirements (DFARS Case 2019–D041) ............. 0750–AK81 

DEFENSE ACQUISITION REGULATIONS COUNCIL—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

4 ........................ Covered Telecommunications Equipment or Services (DFARS Case 2018–D022) ....................................... 0750–AJ84 

5 ........................ Justification and Approval Thresholds for 8(a) Contracts (DFARS Case 2020–D006) .................................. 0750–AK93 

OFFICE OF ASSISTANT SECRETARY FOR HEALTH AFFAIRS—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

6 ........................ TRICARE: Chiropractic and Acupuncture Treatment Under the TRICARE Program ..................................... 0720–AB77 

DEPARTMENT OF DEFENSE (DOD) 

Defense Acquisition Regulations 

Council (DARC) 

Proposed Rule Stage 

1. Small Business Innovation Research 

Program Data Rights (DFARS Case 

2019–D043) [0750–AK84] 

Legal Authority: 41 U.S.C. 1303 

Abstract: DoD is proposing to amend 

the Defense Federal Acquisition 

Regulation Supplement (DFARS) to 

implement changes related to data rights 

in the Small Business Administration’s 

Policy Directive for the Small Business 

Innovation Research (SBIR) Program, 

published in the Federal Register on 

April 2, 2019 (84 FR 12794). The final 

SBA Policy Directive includes several 

revisions to clarify data rights, which 

require corresponding revisions to the 

DFARS. 

Timetable: 

Action Date FR Cite 

ANPRM ............... 08/31/20 85 FR 53758 

Correction ............ 09/21/20 85 FR 59258 

ANPRM Comment 

Period End.

10/30/20 

Comment Period 

Extended.

12/04/20 85 FR 78300 

ANPRM Comment 

Period End.

01/31/21 

NPRM .................. 06/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Jennifer Johnson, 

Defense Acquisition Regulations 

System, Department of Defense, Defense 

Acquisition Regulations Council, 3060 

Defense Pentagon, Room 3B941, 

Washington, DC 20301–3060, Phone: 

571–372–6100, Email: 

jennifer.d.johnson1.civ@mail.mil. 

RIN: 0750–AK84 

2. Reauthorization and Improvement of 

Mentor–Protege Program (DFARS CASE 

2020–D009) [0750–AK96] 

Legal Authority: 41 U.S.C. 1303; Pub. 

L. 116–92, sec. 872 

Abstract: DoD is proposing to amend 

the Defense Federal Acquisition 

Regulation Supplement to implement 

section 872 of the National Defense 

Authorization Act for Fiscal Year 2020, 

which reauthorizes and modifies the 

DoD Mentor-Protege Program. 

Timetable: 

Action Date FR Cite 

NPRM .................. 05/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Jennifer Johnson, 

Defense Acquisition Regulations 

System, Department of Defense, Defense 

Acquisition Regulations Council, 3060 

Defense Pentagon, Room 3B941, 

Washington, DC 20301–3060, Phone: 

571 372–6100, Email: 

jennifer.d.johnson1.civ@mail.mil. 

RIN: 0750–AK96 

DEPARTMENT OF DEFENSE (DOD) 

Defense Acquisition Regulations 

Council (DARC) 

Final Rule Stage 

3. Assessing Contractor Implementation 

of Cybersecurity Requirements (DFARS 

CASE 2019–D041) [0750–AK81] 

Legal Authority: 41 U.S.C 1303; Pub. 

L. 116–92, sec. 1648 

Abstract: DoD is issuing a final rule to 

finalize an interim rule that amended 

the Defense Federal Acquisition 

Regulation Supplement to implement 

the following methodology and 

framework in order to protect against 

the theft of intellectual property and 

sensitive information from the Defense 

Industrial Base (DIB) sector: 

• The National Institute of Standards 

and Technology (NIST) Special 

Publication (SP) 800–171 DoD 

Assessment Methodology. A standard 

methodology to assess contractor 

implementation of the cybersecurity 

requirements in NIST SP 800–171, 

Protecting Controlled Unclassified 

Information (CUI) In Nonfederal 

Systems and Organizations. 

• The Cybersecurity Maturity Model 

Certification (CMMC) Framework. A 

DoD certification process that measures 

a company’s institutionalization of 


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41202 Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / UA: Reg Flex Agenda 

processes and implementation of 

cybersecurity practices. 

This rule provides the Department 

with: (1) The ability to assess at a 

corporate level a contractor’s 

implementation of NIST SP 800–171 

security requirements, as required by 

DFARS clause 252.204–7012, 

Safeguarding Covered Defense 

Information and Cyber Incident 

Reporting; and (2) assurances that a DIB 

contractor can adequately protect 

sensitive unclassified information at a 

level commensurate with the risk, 

accounting for information flow down 

to its subcontractors in a multi-tier 

supply chain. 

Timetable 

Action Date FR Cite 

Interim Final Rule 09/29/20 85 FR 48513 

Interim Final Rule 

Effective.

11/30/20 

Final Action ......... 09/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Jennifer Johnson, 

Defense Acquisition Regulations 

System, Department of Defense, Defense 

Acquisition Regulations Council, 3060 

Defense Pentagon, Room 3B941, 

Washington, DC 20301–3060, Phone: 

571 372–6100, Email: 

jennifer.d.johnson1.civ@mail.mil. 

RIN: 0750–AK81 

DEPARTMENT OF DEFENSE (DOD) 

Defense Acquisition Regulations 

Council (DARC) 

Completed Actions 

4. Covered Telecommunications 

Equipment or Services (DFARS CASE 

2018–D022) [0750–AJ84] 

Legal Authority: 41 U.S.C. 1303; Pub. 

L. 115–91, sec. 1656 

Abstract: DoD issued a final rule to 

finalize an interim rule that amended 

the Defense Federal Acquisition 

Regulation Supplement to implement 

section 1656 of the National Defense 

Authorization Act for Fiscal Year 2018. 

Section 1656 provides that DoD may not 

procure or obtain or extend or renew a 

contract to provide or obtain any 

equipment, system, or service to carry 

out the DoD nuclear deterrence mission 

or the DoD homeland defense mission 

that uses covered telecommunications 

equipment or services as a substantial or 

essential component of any system or as 

a critical technology as a part of any 

system. Covered telecommunications 

equipment or services means 

telecommunications equipment 

produced by Huawei Technologies 

Company or ZTE Corporation, or any 

subsidiary or affiliate of such entities; 

telecommunication services provided by 

such entities or using such equipment; 

or telecommunications equipment or 

services produced or provided by an 

entity that the Secretary of Defense 

reasonably believes to be an entity 

owned or controlled by, or otherwise 

connected to, the governments of China 

or Russia. 

Timetable: 

Action Date FR Cite 

Interim Final Rule 12/31/19 84 FR 72231 

Interim Final Rule 

Effective.

12/31/19 

Interim Final Rule 

Comment Period End.

03/02/20 

Final Action ......... 01/15/21 86 FR 3832 

Final Action Effective.01/15/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Jennifer Johnson, 

Defense Acquisition Regulations 

System, Department of Defense, Defense 

Acquisition Regulations Council, 3060 

Defense Pentagon, Room 3B941, 

Washington, DC 20301–3060, Phone: 

571 372–6100, Email: 

jennifer.d.johnson1.civ@mail.mil. 

RIN: 0750–AJ84. 

5. Justification and Approval 

Thresholds for 8(A) Contracts (DFARS 

CASE 2020–D006) [0750–AK93] 

Legal Authority: 41 U.S.C. 1303; Pub. 

L. 116–92, sec. 823 

Abstract: DoD issued a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement to 

implement section 823 of the National 

Defense Authorization Act for Fiscal 

Year 2020. Section 823, the increases 

the threshold for requiring a 

justification and approval to award a 

sole source contract under the 8(a) 

program to $100 million and updates 

the associated approval authorities 

when a procurement exceeds the 

threshold. 

Timetable: 

Action Date FR Cite 

Final Action ......... 06/05/20 85 FR 34528 

Final Action Effective.06/05/20 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Jennifer Johnson, 

Defense Acquisition Regulations 

System, Department of Defense, Defense 

Acquisition Regulations Council, 3060 

Defense Pentagon, Room 3B941, 

Washington, DC 20301–3060, Phone: 

571 372–6100, Email: 

jennifer.d.johnson1.civ@mail.mil. 

RIN: 0750–AK93 

DEPARTMENT OF DEFENSE (DOD) 

Office of Assistant Secretary for Health 

Affairs (DODOASHA) 

Proposed Rule Stage 

6. TRICARE: Chiropractic and 

Acupuncture Treatment Under the 

Tricare Program [0720–AB77] 

Legal Authority: 5 U.S.C. 301; 10 

U.S.C. ch. 55 

Abstract: Under the current 

regulations, TRICARE excludes 

chiropractors as TRICARE-authorized 

providers whether or not their services 

would be eligible as medically 

necessary care if furnished by any other 

authorized provider. In addition, the 

current regulation excludes acupuncture 

treatment whether used as a therapeutic 

agent or as an anesthetic. This proposed 

rule seeks to eliminate these exclusions 

and to add benefit coverage of 

chiropractic and acupuncture treatment 

when deemed medically necessary for 

specific conditions. This rule proposes 

to add licensed Doctors of Chiropractic 

(DCs) and Licensed Acupuncturists 

(LACs) who meet established 

qualifications as TRICARE-authorized 

providers and will establish 

reimbursement rates and cost-sharing 

provisions for covered chiropractic and 

acupuncture treatment. 

Timetable: 

Action Date FR Cite 

NPRM .................. 07/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Joy Mullane, 

Department of Defense, Office of 

Assistant Secretary for Health Affairs, 

16401 E. Centretech Parkway, Aurora, 

CO 80011–9066, Phone: 303 676–3457, 

Fax: 303 676–3579, Email: 

joy.mullane.civ@mail.mil. 

RIN: 0720–AB77 

BILLING CODE 5001–06–P 


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Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / UA: Reg Flex Agenda 41203 

DEFENSE ACQUISITION REGULATIONS COUNCIL—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

72 ...................... Small Business Innovation Research Program Data Rights (DFARS Case 2019–D043) .............................. 0750–AK84 

73 ...................... Reauthorization and Improvement of Mentor-Protege Program (DFARS Case 2020–D009) ........................ 0750–AK96 

DEFENSE ACQUISITION REGULATIONS COUNCIL—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

74 ...................... Assessing Contractor Implementation of Cybersecurity Requirements (DFARS Case 2019–D041) ............. 0750–AK81 

DEFENSE ACQUISITION REGULATIONS COUNCIL—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

75 ...................... Covered Telecommunications Equipment or Services (DFARS Case 2018–D022) ....................................... 0750–AJ84 

76 ...................... Justification and Approval Thresholds for 8(a) Contracts (DFARS Case 2020–D006) .................................. 0750–AK93 

OFFICE OF ASSISTANT SECRETARY FOR HEALTH AFFAIRS—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

77 ...................... TRICARE: Chiropractic and Acupuncture Treatment Under the TRICARE Program ..................................... 0720–AB77 

DEPARTMENT OF DEFENSE (DOD) 

Defense Acquisition Regulations 

Council (DARC) 

Proposed Rule Stage 

72. Small Business Innovation Research 

Program Data Rights (DFARS CASE 

2019–D043) 

Legal Authority: 41 U.S.C. 1303 

Abstract: DoD is proposing to amend 

the Defense Federal Acquisition 

Regulation Supplement (DFARS) to 

implement changes related to data rights 

in the Small Business Administration’s 

Policy Directive for the Small Business 

Innovation Research (SBIR) Program, 

published in the Federal Register on 

April 2, 2019 (84 FR 12794). The final 

SBA Policy Directive includes several 

revisions to clarify data rights, which 

require corresponding revisions to the 

DFARS. 

Timetable: 

Action Date FR Cite 

ANPRM ............... 08/31/20 85 FR 53758 

Correction ............ 09/21/20 85 FR 59258 

ANPRM Comment 

Period End.

10/30/20 

Comment Period 

Extended.

12/04/20 85 FR 78300 

ANPRM Comment 

Period End.

01/31/21 

NPRM .................. 06/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Jennifer Johnson, 

Defense Acquisition Regulations 

System, Department of Defense, Defense 

Acquisition Regulations Council, 3060 

Defense Pentagon, Room 3B941, 

Washington, DC 20301–3060, Phone: 

571 372–6100, Email: 

jennifer.d.johnson1.civ@mail.mil. 

RIN: 0750–AK84 

73. Reauthorization and Improvement 

of Mentor–Protege Program (DFARS 

CASE 2020–D009) 

Legal Authority: 41 U.S.C. 1303; Pub. 

L. 116–92, sec. 872 

Abstract: DoD is proposing to amend 

the Defense Federal Acquisition 

Regulation Supplement to implement 

section 872 of the National Defense 

Authorization Act for Fiscal Year 2020, 

which reauthorizes and modifies the 

DoD Mentor-Protege Program. 

Timetable: 

Action Date FR Cite 

NPRM .................. 05/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Jennifer Johnson, 

Defense Acquisition Regulations 

System, Department of Defense, Defense 

Acquisition Regulations Council, 3060 

Defense Pentagon, Room 3B941, 

Washington, DC 20301–3060, Phone: 

571 372–6100, Email: 

jennifer.d.johnson1.civ@mail.mil. 

RIN: 0750–AK96 

DEPARTMENT OF DEFENSE (DOD) 

Defense Acquisition Regulations 

Council (DARC) 

Final Rule Stage 

74. Assessing Contractor 

Implementation of Cybersecurity 

Requirements (DFARS CASE 2019– 

D041) 

Legal Authority: 41 U.S.C 1303; Pub. 

L. 116–92, sec. 1648 

Abstract: DoD is issuing a final rule to 

finalize an interim rule that amended 

the Defense Federal Acquisition 

Regulation Supplement to implement 

the following methodology and 

framework in order to protect against 

the theft of intellectual property and 

sensitive information from the Defense 

Industrial Base (DIB) sector: 

• The National Institute of Standards 

and Technology (NIST) Special 

Publication (SP) 800–171 DoD 

Assessment Methodology. A standard 

methodology to assess contractor 

implementation of the cybersecurity 

requirements in NIST SP 800–171, 

Protecting Controlled Unclassified 

Information (CUI) In Nonfederal 

Systems and Organizations. 

• The Cybersecurity Maturity Model 

Certification (CMMC) Framework. A 

DoD certification process that measures 


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41204 Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / UA: Reg Flex Agenda 

a company’s institutionalization of 

processes and implementation of 

cybersecurity practices. 

This rule provides the Department 

with: (1) The ability to assess at a 

corporate level a contractor’s 

implementation of NIST SP 800–171 

security requirements, as required by 

DFARS clause 252.204–7012, 

Safeguarding Covered Defense 

Information and Cyber Incident 

Reporting; and (2) assurances that a DIB 

contractor can adequately protect 

sensitive unclassified information at a 

level commensurate with the risk, 

accounting for information flow down 

to its subcontractors in a multi-tier 

supply chain. 

Timetable: 

Action Date FR Cite 

Interim Final Rule 09/29/20 85 FR 48513 

Interim Final Rule 

Effective.

11/30/20 

Final Action ......... 09/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Jennifer Johnson, 

Defense Acquisition Regulations 

System, Department of Defense, Defense 

Acquisition Regulations Council, 3060 

Defense Pentagon, Room 3B941, 

Washington, DC 20301–3060, Phone: 

571 372–6100, Email: 

jennifer.d.johnson1.civ@mail.mil. 

RIN: 0750–AK81 

DEPARTMENT OF DEFENSE (DOD) 

Defense Acquisition Regulations 

Council (DARC) 

Completed Actions 

75. Covered Telecommunications 

Equipment or Services (DFARS CASE 

2018–D022) 

Legal Authority: 41 U.S.C. 1303; Pub. 

L. 115–91, sec. 1656 

Abstract: DoD issued a final rule to 

finalize an interim rule that amended 

the Defense Federal Acquisition 

Regulation Supplement to implement 

section 1656 of the National Defense 

Authorization Act for Fiscal Year 2018. 

Section 1656 provides that DoD may not 

procure or obtain or extend or renew a 

contract to provide or obtain any 

equipment, system, or service to carry 

out the DoD nuclear deterrence mission 

or the DoD homeland defense mission 

that uses covered telecommunications 

equipment or services as a substantial or 

essential component of any system or as 

a critical technology as a part of any 

system. Covered telecommunications 

equipment or services means 

telecommunications equipment 

produced by Huawei Technologies 

Company or ZTE Corporation, or any 

subsidiary or affiliate of such entities; 

telecommunication services provided by 

such entities or using such equipment; 

or telecommunications equipment or 

services produced or provided by an 

entity that the Secretary of Defense 

reasonably believes to be an entity 

owned or controlled by, or otherwise 

connected to, the governments of China 

or Russia. 

Timetable: 

Action Date FR Cite 

Interim Final Rule 12/31/19 84 FR 72231 

Interim Final Rule 

Effective.

12/31/19 

Interim Final Rule 

Comment Period End.

03/02/20 

Final Action ......... 01/15/21 86 FR 3832 

Final Action Effective.01/15/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Jennifer Johnson, 

Defense Acquisition Regulations 

System, Department of Defense, Defense 

Acquisition Regulations Council, 3060 

Defense Pentagon, Room 3B941, 

Washington, DC 20301–3060, Phone: 

571 372–6100, Email: 

jennifer.d.johnson1.civ@mail.mil. 

RIN: 0750–AJ84 

76. Justification and Approval 

Thresholds for 8(A) Contracts (DFARS 

CASE 2020–D006) 

Legal Authority: 41 U.S.C. 1303; Pub. 

L. 116–92, sec. 823 

Abstract: DoD issued a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement to 

implement section 823 of the National 

Defense Authorization Act for Fiscal 

Year 2020. Section 823, the increases 

the threshold for requiring a 

justification and approval to award a 

sole source contract under the 8(a) 

program to $100 million and updates 

the associated approval authorities 

when a procurement exceeds the 

threshold. 

Timetable: 

Action Date FR Cite 

Final Action ......... 06/05/20 85 FR 34528 

Final Action Effective.06/05/20 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Jennifer Johnson, 

Defense Acquisition Regulations 

System, Department of Defense, Defense 

Acquisition Regulations Council, 3060 

Defense Pentagon, Room 3B941, 

Washington, DC 20301–3060, Phone: 

571 372–6100, Email: 

jennifer.d.johnson1.civ@mail.mil. 

RIN: 0750–AK93 

DEPARTMENT OF DEFENSE (DOD) 

Office of Assistant Secretary for Health 

Affairs (DODOASHA) 

Proposed Rule Stage 

77. TRICARE: Chiropractic and 

Acupuncture Treatment Under the 

Tricare Program 

Legal Authority: 5 U.S.C. 301; 10 

U.S.C. ch. 55 

Abstract: Under the current 

regulations, TRICARE excludes 

chiropractors as TRICARE-authorized 

providers whether or not their services 

would be eligible as medically 

necessary care if furnished by any other 

authorized provider. In addition, the 

current regulation excludes acupuncture 

treatment whether used as a therapeutic 

agent or as an anesthetic. This proposed 

rule seeks to eliminate these exclusions 

and to add benefit coverage of 

chiropractic and acupuncture treatment 

when deemed medically necessary for 

specific conditions. This rule proposes 

to add licensed Doctors of Chiropractic 

(DCs) and Licensed Acupuncturists 

(LACs) who meet established 

qualifications as TRICARE-authorized 

providers and will establish 

reimbursement rates and cost-sharing 

provisions for covered chiropractic and 

acupuncture treatment. 

Timetable: 

Action Date FR Cite 

NPRM .................. 07/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Joy Mullane, 

Department of Defense, Office of 

Assistant Secretary for Health Affairs, 

16401 E. Centretech Parkway, Aurora, 

CO 80011–9066, Phone: 303 676–3457, 

Fax: 303 676–3579, Email: 

joy.mullane.civ@mail.mil. 

RIN: 0720–AB77 

[FR Doc. 2021–15290 Filed 7–29–21; 8:45 am] 

BILLING CODE 5001–06–P 


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